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Civil Procedure in Belgium, 2nd edition by TAELMAN

Civil Procedure in Belgium, Second edition

By Piet Taelman, Claudia van Severen
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Overview

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Belgium. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Belgium will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Publish Date 04/23/2021
Product Line Kluwer Law International
ISBN 9789403532936
SKU 10057368-0002
Table of Contents

The Authors

List of Abbreviations

General Introduction

Part I. Structure of the Judiciary

Chapter 1. Structure of the Court System

Chapter 2. Administration of the Court

Chapter 3. The Public Prosecutor’s Office

Chapter 4. The High Council of Justice

Chapter 5. The Constitutional Court

Chapter 6. The Council of State

Part II. Participants in the Judicial System

Chapter 1. Members of the Judiciary

Chapter 2. Attorneys

Chapter 3. Bailiffs

Part III. Jurisdiction

Chapter 1. Domestic Jurisdiction

Chapter 2. International Jurisdiction

Part IV. Actions and Claims

Chapter 1. Actions

Chapter 2. Claims and Defences

Chapter 3. Sanctions on Procedural Irregularities

Part V. Proceedings

Chapter 1. Pretrial Proceedings

Chapter 2. Proceedings in First Instance

Chapter 3. Review Proceedings

Part VI. Incidents

Chapter 1. Resumption of the Proceedings

Chapter 2. Withdrawal of the Proceedings, Withdrawal of the Action and Withdrawal of a Procedural Act

Chapter 3. Challenge of Judges

Chapter 4. Removal of the Case from the Court

Chapter 5. Repudiation of an Act of Procedure

Part VII. Legal Aid and Legal Costs

Chapter 1. Legal Aid and Legal Assistance

Chapter 2. Legal Costs

Part VIII. Evidence

Chapter 1. Reform of the Belgian Civil Code: Book 8 on the Law of Evidence

Chapter 2. Burden and Standards of Proof

Chapter 3. Admissibility of Evidence

Chapter 4. Discovery and Disclosure

Chapter 5. Administration of Evidence

Part IX. Seizure for Security and Enforcement of Judgments

Chapter 1. Seizure for Security

Chapter 2. Enforcement of Judgments

Chapter 3. The Collective Debt Settlement Procedure

Part X. Arbitration

Chapter 1. Introduction: Legislative Framework

Chapter 2. Arbitrability

Chapter 3. Arbitration Agreement and Party Autonomy

Chapter 4. Arbitral Tribunal

Chapter 5. Interim Measures and Preliminary Awards

Chapter 6. Conduct of Arbitral Proceedings

Chapter 7. Arbitral Award

Chapter 8. Recourse Against Arbitral Award

Chapter 9. Recognition and Enforcement of Awards

Part XI. Mediation

Chapter 1. Introduction: Legislative Framework

Chapter 2. Rights That Can Be Subject to Mediation

Chapter 3. Mediation Agreement

Chapter 4. Persons/Institutions That Can Act as Mediator

Chapter 5. Mediation Procedure

Chapter 6. Settlement Agreement

Chapter 7. Setting Aside a Settlement Agreement

Selected Bibliography

Index

Volumes